Keywords
Summary

Keywords

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1 . OFFICIALS - POSTING - STATEMENT OF REASONS - OBLIGATION - NONE

2 . OFFICIALS - POSTING - ADMINISTRATION' S DISCRETION - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ART . 7 )

3 . OFFICIALS - DECISION AFFECTING THE ADMINISTRATIVE STATUS OF AN OFFICIAL - TAKING INTO ACCOUNT OF FACTORS NOT APPEARING IN THE PERSONAL FILE - UNLAWFUL

( STAFF REGULATIONS OF OFFICIALS, ARTS 26 AND 43 )

Summary

1 . THE APPOINTING AUTHORITY IS NOT REQUIRED TO GIVE REASONS FOR A DECISION ASSIGNING AN OFFICIAL TO A NEW POST, EITHER TO THE OFFICIAL APPOINTED, WHO CANNOT BE ADVERSELY AFFECTED BY THE DECISION, OR TO UNSUCCESSFUL CANDIDATES, WHO MIGHT BE HARMED BY SUCH A STATEMENT OF REASONS .

2 . UNDER ARTICLE 7 OF THE STAFF REGULATIONS OF OFFICIALS THE APPOINTING AUTHORITY MUST CHOOSE THE OFFICIAL TO BE ASSIGNED TO A VACANT POST, FOLLOWING A VACANCY NOTICE, SOLELY IN THE INTERESTS OF THE SERVICE . IN MAKING SUCH A DECISION THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN ASSESSING THE INTERESTS OF THE SERVICE AND THE SUITABILITY OF THE CANDIDATES FOR THE POST IN QUESTION . THE COURT' S REVIEW MUST BE LIMITED IN SUCH CASES TO CONSIDERATION OF THE QUESTION WHETHER, HAVING REGARD TO THE CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMININSTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE CANDIDATES' SUITABILITY OR OF THE INTERESTS OF THE SERVICE FOR THAT OF THE APPOINTING AUTHORITY .

3 . A DECISION OF THE APPOINTING AUTHORITY AFFECTING THE ADMINISTRATIVE STATUS AND CAREER OF AN OFFICIAL MAY NOT BE BASED ON MATTERS CONCERNING HIS CONDUCT WHICH ARE NOT INCLUDED IN HIS PERSONAL FILE . A DECISION BASED ON SUCH MATTERS INFRINGES AN OFFICIAL' S RIGHT OF DEFENCE, WHICH ARTICLE 26 OF THE STAFF REGULATIONS CONCERNING PERSONAL FILES, AND ARTICLE 43, CONCERNING PERIODICAL REPORTS, SEEK TO GUARANTEE . IT IS FOR THAT REASON CONTRARY TO THE GUARANTEES CONTAINED IN THE STAFF REGULATIONS AND MUST BE ANNULLED BECAUSE IT WAS ADOPTED ON THE BASIS OF AN UNLAWFUL PROCEDURE .